Is My CBD Legal?

The recent publishing of the DEA’s five-year-old ruling on CBD, has raised concerns for patients who are benefiting from CBD’s anti-inflammatory, anti-convulsant, anxiety and pain relieving effects.

This post by attorney, Rod Kight, sheds a little light on this controversial subject. I want to assure all of my patients that the hemp products I recommend are derived from cannabis sativa that produces less than 0.3% THC. And also be assured that the industrial hemp used to produce these oils is grown legally under the The Federal Farm Bill of 2014 or is imported legally from abroad.

“The term marijuana “does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.” 21 USC § 802(16) Clearly, any “marijuana extract” derived from the mature stalk is not included in Schedule I, notwithstanding the DEA’s sweeping language in the Rule. The DEA does not have the authority to make illegal that which Congress has expressly made legal.”

“CBD extracted in the US is only legal in the states that allow it. It cannot be extracted, manufactured, bought, sold, or possessed by anyone in a state in which it is not legal. (An exception is CBD which is extracted solely from the mature stalk of the plant, which is already legal as I’ve discussed above.) Importantly, it cannot be shipped or transported from one state to another state, not even to another state in which it is legal. So, if you live in a state which has not enacted a hemp law pursuant to the 2014 Farm Bill then you may not legally possess American made CBD.”

States in our area that allow cultivation of hemp for commercial, research or pilot programs : MD, VA, DE, PA, WV, NC, SC, NH, VT, NY (National Conference of State Legislatures)

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